Amendment

Amendment Text:
S.Amdt.2593 — 113th Congress (2013-2014)

There is one version of the amendment.

Shown Here:Amendment as Submitted (12/16/2013)

This Amendment appears on page S8858 in the following article from the Congressional Record.

[Pages S8846-S8862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDMENTS SUBMITTED AND PROPOSED
SA 2557. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, to authorize the
President to award the Medal of Honor to Bennie G. Adkins and
Donald P. Sloat of the United States Army for acts of valor
during the Vietnam Conflict and to authorize the award of the
Medal of Honor to certain other veterans who were previously
recommended for award of the Medal of Honor; which was
ordered to lie on the table.
SA 2558. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2559. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2560. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2561. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2562. Mr. REED submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other
purposes; which was ordered to lie on the table.
[[Page S8847]]
SA 2563. Mr. REED submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 59, supra;
which was ordered to lie on the table.
SA 2564. Mr. REED submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 59, supra;
which was ordered to lie on the table.
SA 2565. Ms. HIRONO (for herself, Mr. Begich, and Mr.
Schatz) submitted an amendment intended to be proposed by her
to the joint resolution H.J. Res. 59, supra; which was
ordered to lie on the table.
SA 2566. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, to authorize the
President to award the Medal of Honor to Bennie G. Adkins and
Donald P. Sloat of the United States Army for acts of valor
during the Vietnam Conflict and to authorize the award of the
Medal of Honor to certain other veterans who were previously
recommended for award of the Medal of Honor; which was
ordered to lie on the table.
SA 2567. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2568. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2569. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Udall
of New Mexico) submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other
purposes; which was ordered to lie on the table.
SA 2570. Mr. ENZI (for himself and Mr. Murphy) submitted an
amendment intended to be proposed by him to the joint
resolution H.J. Res. 59, supra; which was ordered to lie on
the table.
SA 2571. Mr. SESSIONS submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 59, supra;
which was ordered to lie on the table.
SA 2572. Mr. SESSIONS submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 59, supra;
which was ordered to lie on the table.
SA 2573. Mr. SESSIONS submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 59, supra;
which was ordered to lie on the table.
SA 2574. Mr. WICKER (for himself, Mr. Graham, Mr. Sessions,
Mr. Inhofe, and Mr. Cochran) submitted an amendment intended
to be proposed by him to the joint resolution H.J. Res. 59,
supra; which was ordered to lie on the table.
SA 2575. Mr. CORKER submitted an amendment intended to be
proposed by him to the bill H.R. 3304, to authorize the
President to award the Medal of Honor to Bennie G. Adkins and
Donald P. Sloat of the United States Army for acts of valor
during the Vietnam Conflict and to authorize the award of the
Medal of Honor to certain other veterans who were previously
recommended for award of the Medal of Honor; which was
ordered to lie on the table.
SA 2576. Ms. AYOTTE (for herself and Mr. Wicker) submitted
an amendment intended to be proposed by her to the joint
resolution H.J. Res. 59, making continuing appropriations for
fiscal year 2014, and for other purposes; which was ordered
to lie on the table.
SA 2577. Ms. AYOTTE (for herself and Mr. Graham) submitted
an amendment intended to be proposed by her to the joint
resolution H.J. Res. 59, supra; which was ordered to lie on
the table.
SA 2578. Ms. AYOTTE submitted an amendment intended to be
proposed by her to the joint resolution H.J. Res. 59, supra;
which was ordered to lie on the table.
SA 2579. Mr. LEE (for himself, Mr. Paul, Mr. Cruz, and Mr.
Roberts) submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to
award the Medal of Honor to Bennie G. Adkins and Donald P.
Sloat of the United States Army for acts of valor during the
Vietnam Conflict and to authorize the award of the Medal of
Honor to certain other veterans who were previously
recommended for award of the Medal of Honor; which was
ordered to lie on the table.
SA 2580. Mr. COCHRAN submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2581. Mr. TOOMEY submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2582. Mr. TOOMEY submitted an amendment intended to be
proposed by him to the bill H.R. 3304, supra; which was
ordered to lie on the table.
SA 2583. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2584. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2585. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2586. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2587. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2588. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2589. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2590. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the bill H.R. 3304,
supra; which was ordered to lie on the table.
SA 2591. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, making continuing appropriations for fiscal
year 2014, and for other purposes; which was ordered to lie
on the table.
SA 2592. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2593. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2594. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2595. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2596. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2597. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2598. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
SA 2599. Mr. LEE (for Mr. Paul) submitted an amendment
intended to be proposed by Mr. Lee to the joint resolution
H.J. Res. 59, supra; which was ordered to lie on the table.
TEXT OF AMENDMENTS
SA 2557. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. DISPOSAL OF SURPLUS OR EXCESS TANGIBLE PROPERTY OF
THE DEPARTMENT OF DEFENSE SOLELY BY PUBLIC
SALE.
Notwithstanding any other provision of law, surplus or
excess tangible property of the Department of Defense shall
be disposed of solely by public sale.
______
SA 2558. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON AMOUNTS AVAILABLE IN FISCAL YEAR 2014
FOR TUITION ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF DEFENSE TO ADDRESS CRITICAL-NEEDS
SHORTAGES FOR MILITARY PERSONNEL.
Notwithstanding any other provision of this Act, the total
amount available in this Act for fiscal year 2014 for tuition
assistance programs of the Department of Defense may not
exceed $100,000,000 in order that such assistance be limited
to use as a retention tool to address critical-needs
shortages for military personnel.
______
SA 2559. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--AUDIT OF THE DEPARTMENT OF DEFENSE
SEC. __01. SHORT TITLE.
This title may be cited as the ``Audit the Pentagon Act of
2013''.
[[Page S8848]]
SEC. __02. FINDINGS.
Congress makes the following findings:
(1) Section 9 of Article I of the Constitution of the
United States requires all agencies of the Federal
Government, including the Department of Defense, to publish
``a regular statement and account of the receipts and
expenditures of all public money''.
(2) Section 3515 of title 31, United States Code, requires
the agencies of the Federal Government, including the
Department of Defense, to present auditable financial
statements beginning not later than March 1, 1997. The
Department has not complied with this law.
(3) The Federal Financial Management Improvement Act of
1996 (31 U.S.C. 3512 note) requires financial systems
acquired by the Federal Government, including the Department
of Defense, to be able to provide information to leaders to
manage and control the cost of Government. The Department has
not complied with this law.
(4) The financial management of the Department of Defense
has been on the ``High-Risk'' list of the Government
Accountability Office, which means that the Department is not
consistently able to ``control costs; ensure basic
accountability; anticipate future costs and claims on the
budget; measure performance; maintain funds control; [and]
prevent and detect fraud, waste, and abuse''.
(5) The National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107) requires the Secretary of Defense
to report to Congress annually on the reliability of the
financial statements of the Department of Defense, to
minimize resources spent on producing unreliable financial
statements, and to use resources saved to improve financial
management policies, procedures, and internal controls.
(6) In 2005, the Department of Defense created a Financial
Improvement and Audit Readiness (FIAR) Plan, overseen by a
directorate within the office of the Under Secretary of
Defense (Comptroller), to improve Department business
processes with the goal of producing timely, reliable, and
accurate financial information that could generate an audit-
ready annual financial statement. In December 2005, that
directorate, known as the FIAR Directorate, issued the first
of a series of semiannual reports on the status of the
Financial Improvement and Audit Readiness Plan.
(7) The National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84) requires regular status reports on
the Financial Improvement and Audit Readiness Plan described
in paragraph (6), and codified as a statutory requirement the
goal of the Plan in ensuring that Department of Defense
financial statements are validated as ready for audit not
later than September 30, 2017. In addition, the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239) requires that the statement of budgetary resources
of the Department of Defense be validated as ready for audit
by not later than September 30, 2014.
(8) At a September 2010 hearing of the Senate, the
Government Accountability Office stated that past
expenditures by the Department of Defense of $5,800,000,000
to improve financial information, and billions of dollars
more of anticipated expenditures on new information
technology systems for that purpose, may not suffice to
achieve full audit readiness of the financial statement of
the Department. At that hearing, the Government
Accountability Office could not predict when the Department
would achieve full audit readiness of such statements.
(9) At a 2013 hearing of the Senate, Secretary of Defense
Chuck Hagel affirmed his commitment to audit-ready budget
statements for the Department of Defense by the end of 2014,
and stated that he ``will do everything he can to fulfill
this commitment''. At that hearing, Secretary Hagel noted
that auditable financial statements were essential to the
Department not only for improving the quality of its
financial information, but also for reassuring the public and
Congress that it is a good steward of public funds.
SEC. __03. CESSATION OF APPLICABILITY OF REPORTING
REQUIREMENTS REGARDING THE FINANCIAL STATEMENTS
OF THE DEPARTMENT OF DEFENSE.
(a) Cessation of Applicability.--
(1) Military departments.--The financial statements of a
military department shall cease to be covered by the
reporting requirements specified in subsection (b) upon the
issuance of an unqualified audit opinion on such financial
statements.
(2) Department of defense.--The reporting requirements
specified in subsection (b) shall cease to be effective when
an unqualified audit opinion is issued on the financial
statements of the Department of Defense, including each of
the military departments and the other reporting entities
defined by the Office of Management and Budget.
(b) Reporting Requirements.--The reporting requirements
specified in this subsection are the following:
(1) The requirement for annual reports in section 892(b) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4311; 10 U.S.C.
2306a note).
(2) The requirement for semi-annual reports in section
1003(b) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222
note).
(3) The requirement for annual reports in section 817(d) of
the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (10 U.S.C. 2306a note).
(4) The requirement for annual reports in section 1008(a)
of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 113
note).
(5) The requirement for periodic reports in section 908(b)
of the Defense Acquisition Improvement Act of 1986 (Public
Law 99-500; 100 Stat. 1783-140; 10 U.S.C. 2326 note) and
duplicate requirements as provided for in section 6 of the
Defense Technical Corrections Act of 1987 (Public Law 100-26;
101 Stat. 274; 10 U.S.C. 2302 note).
SEC. __04. ENHANCED REPROGRAMMING AUTHORITY FOLLOWING
ACHIEVEMENT BY DEPARTMENT OF DEFENSE AND
MILITARY DEPARTMENTS OF AUDIT WITH UNQUALIFIED
OPINION OF STATEMENT OF BUDGETARY RESOURCES FOR
FISCAL YEARS AFTER FISCAL YEAR 2014.
(a) Department of Defense Generally.--Subject to section
__06(1), if the Department of Defense obtains an audit with
an unqualified opinion on its statement of budgetary
resources for any fiscal year after fiscal year 2014, the
limitation on the total amount of authorizations that the
Secretary of Defense may transfer pursuant to general
transfer authority available to the Secretary in the national
interest in the succeeding fiscal year shall be
$8,000,000,000.
(b) Military Departments, Defense Agencies, and Defense
Field Activities.--Subject to section __07(a), if a military
department, Defense Agency, or defense field activity obtains
an audit with an unqualified opinion on its statement of
budgetary resources for any fiscal year after fiscal year
2014, the thresholds for reprogramming of funds of such
military department, Defense Agency, or defense field
activity, as the case may be, without prior notice to
Congress for the succeeding fiscal year shall be deemed to be
the thresholds as follows:
(1) In the case of an increase or decrease to the program
base amount for a procurement program, $60,000,000.
(2) In the case of an increase or decrease to the program
base amount for a research program, $30,000,000.
(3) In the case of an increase or decrease to the amount
for a budget activity for operation and maintenance,
$45,000,000.
(4) In the case of an increase or decrease to the amount
for a budget activity for military personnel, $30,000,000.
(c) Construction.--Nothing in this section shall be
construed to alter or revise any requirement (other than a
threshold amount) for notice to Congress on transfers covered
by subsection (a) or reprogrammings covered by subsection (b)
under any other provision of law.
(d) Definitions.--In this section, the terms ``program base
amount'', ``procurement program'', ``research program'', and
``budget activity'' have the meanings given such terms in
chapter 6 of volume 3 of the Financial Management Regulation
of the Department of Defense (DoD 7000.14R), dated March
2011, or any successor document.
SEC. __05. FAILURE TO OBTAIN AUDITS WITH UNQUALIFIED OPINION
OF FISCAL YEAR 2015 GENERAL FUND STATEMENT OF
BUDGETARY RESOURCES OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--If the Department of Defense fails to
obtain an audit with an unqualified opinion on its general
fund statement of budgetary resources for fiscal year 2015 by
December 31, 2015, the following shall take effect on January
1, 2016:
(1) Additional qualifications and duties of usd
(comptroller).--
(A) Qualifications.--Any individual nominated for
appointment to the position of Under Secretary of Defense
(Comptroller) under section 135 of title 10, United States
Code, shall be an individual who has served--
(i) as the chief financial officer or equivalent position
of a Federal or State agency that has received an audit with
an unqualified opinion on such agency's financial statements
during the time of such individual's service; or
(ii) as the chief financial officer or equivalent position
of a public company that has received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service.
(B) Duties and powers.--The duties and powers of the
individual serving as Under Secretary of Defense
(Comptroller) shall include, in addition to the duties and
powers specified in section 135(c) of title 10, United States
Code, such duties and powers with respect to the financial
management of the Department of Defense as the Deputy
Secretary of Defense (acting in the capacity of Chief
Management Officer of the Department of Defense) or a
successor official in the Department of Defense (acting in
such capacity) may prescribe.
(2) Additional qualifications and responsibilities of asa
for financial management.--
(A) Qualifications.--Any individual nominated for
appointment to the position of Assistant Secretary of the
Army for Financial Management under section 3016 of title 10,
United States Code, shall be an individual who has served--
(i) as the chief financial officer or equivalent position
of a Federal or State agency that has received an audit with
an unqualified opinion on such agency's financial statements
during the time of such individual's service; or
(ii) as the chief financial officer or equivalent position
of a public company that has
[[Page S8849]]
received an audit with an unqualified opinion on such
company's financial statements during the time of such
individual's service.
(B) Responsibilities.--The responsibilities of the
individual serving as Assistant Secretary of the Army for
Financial Management shall include, in addition to the
responsibilities specified in section 3016(b)(4) of title 10,
United States Code, such responsibilities as the Deputy
Secretary of Defense (acting in the capacity of Chief
Management Officer of the Department of Defense) or a
successor official in the Department of Defense (acting in
such capacity) may prescribe.
(3) Additional qualifications and responsibilities of asn
for financial management.--
(A) Qualifications.--Any individual nominated for
appointment to the position of Assistant Secretary of the
Navy for Financial Management under section 5016 of title 10,
United States Code, shall be an individual who has served--
(i) as the chief financial officer or equivalent position
of a Federal or State agency that has received an audit with
an unqualified opinion on such agency's financial statements
during the time of such individual's service; or
(ii) as the chief financial officer or equivalent position
of a public company that has received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service.
(B) Responsibilities.--The responsibilities of the
individual serving as Assistant Secretary of the Navy for
Financial Management shall include, in addition to the
responsibilities specified in section 5016(b)(4) of title 10,
United States Code, such responsibilities as the Deputy
Secretary of Defense (acting in the capacity of Chief
Management Officer of the Department of Defense) or a
successor official in the Department of Defense (acting in
such capacity) may prescribe.
(4) Additional qualifications and responsibilities of asaf
for financial management.--
(A) Qualifications.--Any individual nominated for
appointment to the position of Assistant Secretary of the Air
Force for Financial Management under section 8016 of title
10, United States Code, shall be an individual who has
served--
(i) as the chief financial officer or equivalent position
of a Federal or State agency that has received an audit with
an unqualified opinion on such agency's financial statements
during the time of such individual's service; or
(ii) as the chief financial officer or equivalent position
of a public company that has received an audit with an
unqualified opinion on such company's financial statements
during the time of such individual's service.
(B) Responsibilities.--The responsibilities of the
individual serving as Assistant Secretary of the Air Force
for Financial Management shall include, in addition to the
responsibilities specified in section 8016(b)(4) of title 10,
United States Code, such responsibilities as the Deputy
Secretary of Defense (acting in the capacity of Chief
Management Officer of the Department of Defense) or a
successor official in the Department of Defense (acting in
such capacity) may prescribe.
(b) Public Company Defined.--In this section, the term
``public company'' has the meaning given the term ``issuer''
in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7201(a)(7)).
SEC. __06. FAILURE OF THE DEPARTMENT OF DEFENSE TO OBTAIN
AUDITS WITH UNQUALIFIED OPINION OF FISCAL YEAR
2018 FINANCIAL STATEMENTS.
If the Department of Defense fails to obtain an audit with
an unqualified opinion on its general fund statement of
budgetary resources for fiscal year 2018 by December 31,
2018:
(1) Permanent cessation of enhanced general transfer
authority.--Effective as of January 1, 2019, the authority in
section __04(a) shall cease to be available to the Department
of Defense for fiscal year 2018 and any fiscal year
thereafter.
(2) Reorganization of responsibilities of chief management
officer.--Effective as of April 1, 2019:
(A) Position of chief management officer.--Section 132a of
title 10, United States Code, is amended to read as follows:
``Sec. 132a. Chief Management Officer
``(a) In General.--(1) There is a Chief Management Officer
of the Department of Defense, appointed from civilian life by
the President, by and with the advice and consent of the
Senate.
``(2) Any individual nominated for appointment as Chief
Management Officer shall be an individual who has--
``(A) extensive executive level leadership and management
experience in the public or private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and complex
organizations; and
``(D) a proven record in achieving positive operational
results.
``(b) Powers and Duties.--The Chief Management Officer
shall perform such duties and exercise such powers as the
Secretary of Defense may prescribe.
``(c) Service as Chief Management Officer.--(1) The Chief
Management Officer is the Chief Management Officer of the
Department of Defense.
``(2) In serving as the Chief Management Officer of the
Department of Defense, the Chief Management Officer shall be
responsible for the management and administration of the
Department of Defense with respect to the following:
``(A) The expenditure of funds, accounting, and finance.
``(B) Procurement, including procurement of any enterprise
resource planning (ERP) system and any information technology
(IT) system that is a financial feeder system, human
resources system, or logistics system.
``(C) Facilities, property, nonmilitary equipment, and
other resources.
``(D) Strategic planning, annual performance planning, and
identification and tracking of performance measures.
``(E) Internal audits and management analyses of the
programs and activities of the Department, including the
Defense Contract Audit Agency.
``(F) Such other areas or matters as the Secretary of
Defense may designate.
``(3) The head of the Defense Contract Audit Agency shall
be under the supervision of, and shall report directly to,
the Chief Management Officer.
``(d) Precedence.--The Chief Management Officer takes
precedence in the Department of Defense after the Secretary
of Defense and the Deputy Secretary of Defense.''.
(B) Conforming amendments.--
(i) Section 131(b) of title 10, United States Code, is
amended--
(I) by striking paragraph (3);
(II) by redesignating paragraph (2) as paragraph (3); and
(III) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Chief Management Officer of the Department of
Defense.''.
(ii) Section 132 of such title is amended--
(I) by striking subsection (c); and
(II) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(iii) Section 133(e)(1) of such title is amended by
striking ``and the Deputy Secretary of Defense'' and
inserting ``, the Deputy Secretary of Defense, and the Chief
Management Officer of the Department of Defense''.
(iv) Such title is further amended by inserting ``the Chief
Management Officer of the Department of Defense,'' after
``the Deputy Secretary of Defense,'' each place it appears in
the provisions as follows:
(I) Section 133(e)(2).
(II) Section 134(c).
(v) Section 137a(d) of such title is amended by striking
``the Secretaries of the military departments,'' and all that
follows and inserting ``the Chief Management Officer of the
Department of Defense, the Secretaries of the military
departments, and the Under Secretaries of Defense.''.
(vi) Section 138(d) of such title is amended by striking
``the Secretaries of the military departments,'' and all that
follows through the period and inserting ``the Chief
Management Officer of the Department of Defense, the
Secretaries of the military departments, the Under
Secretaries of Defense, and the Director of Defense Research
and Engineering.''.
(C) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking
the item relating to section 132a and inserting the following
new item:
``132a. Chief Management Officer.''.
(D) Executive schedule.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following:
``Chief Management Officer of the Department of Defense.''.
(E) Reference in law.--Any reference in any provision of
law to the Chief Management Officer of the Department of
Defense shall be deemed to refer to the Chief Management
Officer of the Department of Defense under section 132a of
title 10, United States Code (as amended by this paragraph).
(3) Jurisdiction of dfas.--Effective as of April 1, 2019:
(A) Transfer to department of the treasury.--Jurisdiction
of the Defense Finance and Accounting Service (DFAS) is
transferred from the Department of Defense to the Department
of the Treasury.
(B) Administration.--The Secretary of the Treasury shall
administer the Defense Finance and Accounting Service
following transfer under this paragraph through the Financial
Management Service of the Department of the Treasury.
(C) Memorandum of understanding.--The Secretary of Defense
and the Secretary of the Treasury shall jointly enter into a
memorandum of understanding regarding the transfer of
jurisdiction of the Defense Finance and Accounting Service
under this paragraph. The memorandum of understanding shall
provide for the transfer of the personnel and other resources
of the Service to the Department of the Treasury and for the
assumption of responsibility for such personnel and resources
by the Department of the Treasury.
(D) Construction.--Nothing in this paragraph shall be
construed as terminating, altering, or revising any
responsibilities or authorities of the Defense Finance and
Accounting Service (other than responsibilities and
authorities in connection with the exercise of jurisdiction
of the Service following transfer under this paragraph).
[[Page S8850]]
SEC. __07. FAILURE OF THE MILITARY DEPARTMENTS TO OBTAIN
AUDITS WITH UNQUALIFIED OPINION OF FINANCIAL
STATEMENTS FOR FISCAL YEARS AFTER FISCAL YEAR
2017.
(a) Permanent Cessation of Authorities on Reprogramming of
Funds.--If a military department fails to obtain an audit
with an unqualified opinion on its financial statements for
fiscal year 2018 by December 31, 2018, effective as of
January 1, 2019, the authorities in section __04(b) shall
cease to be available to the military department for fiscal
year 2018 and any fiscal year thereafter.
(b) Annual Prohibition on Expenditure of Funds for Certain
MDAPs Past Milestone B in Connection With Failure.--
(1) Prohibition.--Effective for fiscal years after fiscal
year 2017, if a military department fails to obtain an audit
with an unqualified opinion on its financial statements for
any fiscal year, effective as of the date of the issuance of
the opinion on such audit, amounts available to the military
department for the following fiscal year may not be obligated
by the military department for a weapon or weapon system or
platform being acquired as a major defense acquisition
program for any activity beyond Milestone B approval unless
such program has already achieved Milestone B approval of the
date of the issuance of the opinion on such audit.
(2) Definitions.--In this subsection:
(A) The term ``major defense acquisition program'' has the
meaning given that term in section 2430 of title 10, United
States Code.
(B) The term ``Milestone B approval'' has the meaning given
that term in section 2366(e)(7) of title 10, United States
Code.
SEC. __08. ENTERPRISE RESOURCE PLANNING.
The Secretary of Defense shall amend the acquisition
guidance of the Department of Defense to provide for the
following:
(1) The Defense Business System Management Committee may
not approve procurement of any Enterprise Resource Planning
(ERP) business system that is independently estimated to take
longer than three years to procure from initial obligation of
funds to full deployment and sustainment.
(2) Any contract for the acquisition of an Enterprise
Resource Planning business system shall include a provision
authorizing termination of the contract at no cost to the
Government if procurement of the system takes longer than
three years from initial obligation of funds to full
deployment and sustainment.
(3) Any implementation of an Enterprise Resource Planning
system shall comply with each of the following:
(A) The current Business Enterprise Architecture
established by the Chief Management Officer of the Department
of Defense.
(B) The provisions of section 2222 of title 10, United
States Code.
(4) The Deputy Secretary of Defense (acting in the capacity
of Chief Management Officer of the Department of Defense) or
a successor official in the Department of Defense (acting in
such capacity) shall have the authority to replace any
program manager (whether in a military department or a
Defense Agency) for the procurement of an Enterprise Resource
Planning business system if procurement of the system takes
longer than three years from initial obligation of funds to
full deployment and sustainment.
(5) Any integrator contract for the implementation of an
Enterprise Resource Planning business system shall only be
awarded to companies that have a history of successful
implementation of other Enterprise Resource Planning business
systems for the Federal Government (whether with the
Department of Defense or another department or agency of the
Federal Government), including meeting cost and schedule
goals.
______
SA 2560. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. USE OF FUNDS AVAILABLE FOR THE DEPARTMENT OF DEFENSE
ONLY FOR DEFENSE-RELATED PURPOSES.
(a) Elimination of Non-defense Spending.--Amounts
authorized to be appropriated by this Act may not be used for
a program, project, or activity if the Secretary of Defense
determines that the such program, project, or activity does
not serve a defense-related purpose.
(b) Transfer of Duplicative Programs.--In the event the
Secretary of Defense determines that a program, project, or
activity of the Department of Defense duplicates, in whole or
in part, a program, project, or activity of another
department or agency of the Federal Government, the Secretary
shall transfer to the head of such department or agency
jurisdiction any part of such program, project, or activity
that is so duplicative.
(c) Coordination on Non-defense-specific Research.--In the
event the Secretary of Defense determines that a program,
project, or activity of the Department of Defense involves
research or development that will benefit another department
or agency of the Federal Government, the Secretary shall
coordinate with the head of such department or agency and the
Director of the Office of Management and Budget on such
research and development in order to ensure that such
research and development is conducted in a manner which
provides maximum benefit to both the Department and such
department or agency.
______
SA 2561. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPORT ON BALANCES CARRIED FORWARD BY THE
DEPARTMENT OF DEFENSE AT THE END OF EACH FISCAL
YEAR.
Not later March 1 each year, the Secretary of Defense shall
submit to Congress, and publish on the Internet website of
the Department of Defense available to the public, the
following:
(1) The total dollar amount of all balances carried forward
by the Department of Defense at the end of the previous
fiscal year by account.
(2) The total dollar amount of all unobligated balances
carried forward by the Department of Defense at the end of
the previous fiscal year by account.
(3) The total dollar amount of any balances (both obligated
and unobligated) that have been carried forward by the
Department of Defense for five years or more as of the end of
the previous fiscal year by account.
______
SA 2562. Mr. REED submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE III--UNEMPLOYMENT PROVISIONS
SEC. 1301. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION
PROGRAM.
(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``January 1, 2014'' and
inserting ``January 1, 2015''.
(b) Funding.--Section 4004(e)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendments made by section 1301(a) of the Pathway
for SGR Reform Act of 2013;''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1302. TEMPORARY EXTENSION OF EXTENDED BENEFIT
PROVISIONS.
(a) In General.--Section 2005 of the Assistance for
Unemployed Workers and Struggling Families Act, as contained
in Public Law 111-5 (26 U.S.C. 3304 note), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``December 31, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``June 30, 2015''.
(b) Extension of Matching for States With No Waiting
Week.--Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``June 30, 2014'' and inserting ``June
30, 2015''.
(c) Extension of Modification of Indicators Under the
Extended Benefit Program.--Section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``December 31, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``December 31, 2014''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1303. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND
REEMPLOYMENT AND ELIGIBILITY ASSESSMENT
ACTIVITIES.
(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``through fiscal year 2014'' and
inserting ``through fiscal year 2015''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American
[[Page S8851]]
Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1304. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is
amended--
(1) by striking ``June 30, 2013'' and inserting ``June 30,
2014''; and
(2) by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(b) Clarification on Authority To Use Funds.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect
on the day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the
Treasury not otherwise appropriated, there are appropriated
to the Railroad Retirement Board $250,000 for administrative
expenses associated with the payment of additional extended
unemployment benefits provided under section 2(c)(2)(D) of
the Railroad Unemployment Insurance Act by reason of the
amendments made by subsection (a), to remain available until
expended.
SEC. 1305. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State
that has enacted a law before December 1, 2013, that, upon
taking effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after
December 29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in such
title IV shall preclude a State whose agreement under such
title was terminated from entering into a subsequent
agreement under such title on or after the date of the
enactment of this Act if the State, taking into account the
application of subsection (a), would otherwise meet the
requirements for an agreement under such title.
______
SA 2563. Mr. REED submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE III--UNEMPLOYMENT PROVISIONS
SEC. 1301. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION
PROGRAM.
(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``January 1, 2014'' and
inserting ``April 1, 2014''.
(b) Funding.--Section 4004(e)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendments made by section 1301(a) of the Pathway
for SGR Reform Act of 2013;''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1302. TEMPORARY EXTENSION OF EXTENDED BENEFIT
PROVISIONS.
(a) In General.--Section 2005 of the Assistance for
Unemployed Workers and Struggling Families Act, as contained
in Public Law 111-5 (26 U.S.C. 3304 note), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``March 31, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``September 30, 2014''.
(b) Extension of Matching for States With No Waiting
Week.--Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``June 30, 2014'' and inserting
``September 30, 2014''.
(c) Extension of Modification of Indicators Under the
Extended Benefit Program.--Section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``March 31, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``March 31, 2014''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1303. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND
REEMPLOYMENT AND ELIGIBILITY ASSESSMENT
ACTIVITIES.
(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``through fiscal year 2014'' and
inserting ``through the first quarter of fiscal year 2015''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1304. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is
amended--
(1) by striking ``June 30, 2013'' and inserting ``September
30, 2013''; and
(2) by striking ``December 31, 2013'' and inserting ``March
31, 2014''.
(b) Clarification on Authority To Use Funds.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect
on the day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the
Treasury not otherwise appropriated, there are appropriated
to the Railroad Retirement Board $62,500 for administrative
expenses associated with the payment of additional extended
unemployment benefits provided under section 2(c)(2)(D) of
the Railroad Unemployment Insurance Act by reason of the
amendments made by subsection (a), to remain available until
expended.
SEC. 1305. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State
that has enacted a law before December 1, 2013, that, upon
taking effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after
December 29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in such
title IV shall preclude a State whose agreement under such
title was terminated from entering into a subsequent
agreement under such title on or after the date of the
enactment of this Act if the State, taking into account the
application of subsection (a), would otherwise meet the
requirements for an agreement under such title.
______
SA 2564. Mr. REED submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE III--UNEMPLOYMENT PROVISIONS
SEC. 1301. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION
PROGRAM.
(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``January 1, 2014'' and
inserting ``February 4, 2014''.
(b) Funding.--Section 4004(e)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendments made by section 1301(a) of the Pathway
for SGR Reform Act of 2013;''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1302. TEMPORARY EXTENSION OF EXTENDED BENEFIT
PROVISIONS.
(a) In General.--Section 2005 of the Assistance for
Unemployed Workers and Struggling Families Act, as contained
in Public Law 111-5 (26 U.S.C. 3304 note), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``February 4, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``July 31, 2014''.
(b) Extension of Matching for States With No Waiting
Week.--Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``June 30, 2014'' and inserting ``July
31, 2014''.
(c) Extension of Modification of Indicators Under the
Extended Benefit Program.--Section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``February 4, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``February 4, 2014''.
[[Page S8852]]
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1303. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND
REEMPLOYMENT AND ELIGIBILITY ASSESSMENT
ACTIVITIES.
(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by striking ``through fiscal year 2014'' and
inserting ``through the first month of fiscal year 2015''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
American Taxpayer Relief Act of 2012 (Public Law 112-240).
SEC. 1304. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is
amended--
(1) by striking ``June 30, 2013'' and inserting ``July 31,
2013''; and
(2) by striking ``December 31, 2013'' and inserting
``February 4, 2014''.
(b) Clarification on Authority To Use Funds.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect
on the day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the
Treasury not otherwise appropriated, there are appropriated
to the Railroad Retirement Board $21,000 for administrative
expenses associated with the payment of additional extended
unemployment benefits provided under section 2(c)(2)(D) of
the Railroad Unemployment Insurance Act by reason of the
amendments made by subsection (a), to remain available until
expended.
SEC. 1305. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State
that has enacted a law before December 1, 2013, that, upon
taking effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after
December 29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in such
title IV shall preclude a State whose agreement under such
title was terminated from entering into a subsequent
agreement under such title on or after the date of the
enactment of this Act if the State, taking into account the
application of subsection (a), would otherwise meet the
requirements for an agreement under such title.
______
SA 2565. Ms. HIRONO (for herself, Mr. Begich, and Mr. Schatz)
submitted an amendment intended to be proposed by her to the joint
resolution H.J. Res. 59, making continuing appropriations for fiscal
year 2014, and for other purposes; which was ordered to lie on the
table; as follows:
On page 57, strike lines 16 through 19, and insert the
following:
``(c) Limitation on Fee.--
``(1) In general.--Except as provided in paragraph (2),
fees imposed under subsection (a)(1) shall be $5.60 per one-
way trip in air transportation or intrastate air
transportation that originates at an airport in the United
States.
``(2) Exceptions.--Fees imposed under subsection (a)(1) may
not exceed $2.50 per enplanement, and the total amount of
such fees may not exceed $5.00 per one-way trip, for
passengers--
``(A) boarding to an eligible place under subchapter II of
chapter 417 for which essential air service compensation is
paid under that subchapter;
``(B) on flights, including flight segments, between 2 or
more points in Hawaii; or
``(C) in Alaska aboard an aircraft having seat capacity of
less than 60 passengers.''.
______
SA 2566. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON EMPLOYMENT BY THE DEPARTMENT OF
DEFENSE OF INDIVIDUALS AND CONTRACTORS WITH
SERIOUSLY DELINQUENT TAX DEBTS.
(a) Prohibition.--An individual or contractor with a
seriously delinquent tax debt may not be appointed to, or
continue serving in, a position within or funded by the
Department of Defense.
(b) Seriously Delinquent Tax Debt Defined.--In this
section, the term ``seriously delinquent tax debt'' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code, except that such term
does not include--
(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or section 7122 of such
Code; and
(2) a debt with respect to which a collection due process
hearing under section 6330 of such Code, or relief under
subsection (a), (b), or (f) of section 6015 of such Code, is
requested or pending.
______
SA 2567. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CONSOLIDATION OF DUPLICATIVE AND OVERLAPPING
AGENCIES, PROGRAMS, AND ACTIVITIES OF THE
FEDERAL GOVERNMENT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall, in coordination
with the heads of other departments and agencies of the
Federal Government--
(1) use available administrative authority to eliminate,
consolidate, or streamline Government agencies, programs, and
activities with duplicative and overlapping missions as
identified in Government Accountability Office reports on
duplication and overlap in Government programs;
(2) identify and submit to Congress a report setting the
legislative action required to further eliminate,
consolidate, or streamline Government agencies, programs, and
activities with duplicative and overlapping missions as
identified in the reports referred to in paragraph (1); and
(3) determine the total cost savings that--
(A) will accrue to each department, agency, and office
effected by an action under paragraph (1) as a result of the
actions taken under that paragraph; and
(B) could accrue to each department, agency, and office
effected by an action under paragraph (2) as a result of the
actions proposed to be taken under that paragraph using the
legislative authority set forth under that paragraph.
______
SA 2568. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF CONGRESS ON SMALL ARMS AND AMMUNITION USED
BY UNITED STATES ARMED FORCES.
It is the sense of Congress that the small arms and
ammunition used by the United States Armed Forces should be
superior to the small arms and ammunition used by potential
threat nations, foreign allied militaries, and United States
domestic law enforcement.
______
SA 2569. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Udall of New
Mexico) submitted an amendment intended to be proposed by him to the
joint resolution H.J. Res. 59, making continuing appropriations for
fiscal year 2014, and for other purposes; which was ordered to lie on
the table; as follows:
Strike section 302 of division A.
______
SA 2570. Mr. ENZI (for himself and Mr. Murphy) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 59,
making continuing appropriations for fiscal year 2014, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 1___. CLARIFICATION.
Section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a) does not apply with
respect to the funding of--
(1) the standard setting body designated pursuant to
section 19(b) of the Securities Act of 1933 (15 U.S.C.
77s(b));
(2) the Securities Investor Protection Corporation; or
[[Page S8853]]
(3) the Public Company Accounting Oversight Board.
______
SA 2571. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 403 of division I and insert the following:
SEC. 403. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE
REFUNDABLE PORTION OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to any
taxpayer for any taxable year unless the taxpayer includes
the taxpayer's Social Security number on the return of tax
for such taxable year.
``(B) Joint returns.--In the case of a joint return, the
requirement of subparagraph (A) shall be treated as met if
the Social Security number of either spouse is included on
such return.
``(C) Limitation.--Subparagraph (A) shall not apply to the
extent the tentative minimum tax (as defined in section
55(b)(1)(A)) exceeds the credit allowed under section 32.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of such Code is
amended to read as follows:
``(I) an omission of a correct Social Security number
required under section 24(d)(5) (relating to refundable
portion of child tax credit), or a correct TIN under section
24(e) (relating to child tax credit), to be included on a
return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of
such Code is amended by inserting ``With Respect to
Qualifying Children'' after ``Identification Requirement'' in
the heading thereof.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 2572. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 403.
______
SA 2573. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
On page 17, strike line 10 and all that follows through
page 18, line 11 and insert the following:
(c) Expiration.--Subsection (a)(2) shall
______
SA 2574. Mr. WICKER (for himself, Mr. Graham, Mr. Sessions, Mr.
Inhofe, and Mr. Cochran) submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 403.
______
SA 2575. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
On page 559, beginning on line 7, strike ``The Secretary of
Defense shall notify the Committees on Armed Services of the
Senate and the House of Representatives'' and insert the
following: ``The Secretary of Defense shall notify the
Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and Foreign
Affairs of the House of Representatives''.
On page 563, line 11, insert ``, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives'' after ``congressional
defense committees''.
On page 564, line 9, insert ``, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives'' after ``congressional
defense committees''.
On page 572, lines 17 and 18, strike ``The Secretary of
Defense shall, in coordination with the Secretary of State''
and insert ``The Secretary of State shall, in coordination
with the Secretary of Defense''.
On page 629, strike lines 10 through 17 and insert the
following:
(a) Authority.--Notwithstanding section 544(c)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347c(c)(1)), for
fiscal years 2014 through 2016, the President is authorized
to enter into cooperative arrangements providing for the
participation of foreign and United States military and
civilian defense personnel for integrated air and missile
defense programs in Southwest Asia without charge to
participating countries and, notwithstanding section 632(d)
of such Act (22 U.S.C. 2392(d)), without charge to the fund
available to carry out chapter II of part II of the Foreign
Assistance Act (22 U.S.C. 2311 et seq.).
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until a final
summary report is submitted after the end of fiscal year
2016, the President shall submit to the Committees on Armed
Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs of the House
of Representatives a report on the implementation of the
authority provided under subsection (a), including a
description of the numbers of such participating foreign
personnel, the cost of such non-reimbursable arrangements,
and prospects for equitable contributions from such countries
in the future.
On page 639, line 7, insert ``the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives'' before ``of the
Secretary's''.
Strike section 1247.
On page 641, line 19, strike ``of Defense'' and insert ``of
State''.
Strike section 1249.
______
SA 2576. Ms. AYOTTE (for herself and Mr. Wicker) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 59, making continuing appropriations for fiscal year 2014, and for
other purposes; which was ordered to lie on the table; as follows:
In division A, strike section 403 and insert the following:
SEC. 403. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF
ENERGY ASSISTANCE PAYMENTS.
(a) Standard Utility Allowance.--Section 5 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (e)(6)(C), by striking clause (iv); and
(2) in subsection (k), by striking paragraph (4) and
inserting the following:
``(4) Third party energy assistance payments.--For purposes
of subsection (d)(1), a payment made under a State law (other
than a law referred to in paragraph (2)(G)) to provide energy
assistance to a household shall be considered money payable
directly to the household.''.
(b) Conforming Amendments.--Section 2605(f)(2) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(f)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``and for purposes of determining any excess shelter expense
deduction under section 5(e) of the Food and Nutrition Act of
2008 (7 U.S.C. 2014(e))''; and
(2) in subparagraph (A), by inserting before the semicolon
at the end the following:`` , except that such payments or
allowances shall not be considered to be expended for
purposes of determining any excess shelter expense deduction
under section 5(e)(6) of the Food and Nutrition Act of 2008
(7 U.S.C. 2014(e)(6))''.
______
SA 2577. Ms. AYOTTE (for herself and Mr. Graham) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 59, making continuing appropriations for fiscal year 2014, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 403 of division A and insert the following:
SEC. 403. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE
REFUNDABLE PORTION OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to any
taxpayer for any taxable year unless the taxpayer includes
the taxpayer's Social Security number on the return of tax
for such taxable year.
``(B) Joint returns.--In the case of a joint return, the
requirement of subparagraph (A) shall be treated as met if
the Social Security number of either spouse is included on
such return.
``(C) Limitation.--Subparagraph (A) shall not apply to the
extent the tentative minimum tax (as defined in section
55(b)(1)(A)) exceeds the credit allowed under section 32.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(I) an omission of a correct Social Security number
required under section 24(d)(5) (relating to refundable
portion of child tax credit), or a correct TIN under section
24(e) (relating to child tax credit), to be included on a
return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of
the Internal Revenue Code
[[Page S8854]]
of 1986 is amended by inserting ``With Respect to Qualifying
Children'' after ``Identification Requirement'' in the
heading thereof.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 2578. Ms. AYOTTE submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 59, making continuing
appropriations for fiscal year 2014, and for other purposes; which was
ordered to lie on the table; as follows:
On page 18, line 7, strike ``338,''.
______
SA 2579. Mr. LEE (for himself, Mr. Paul, Mr. Cruz, and Mr. Roberts)
submitted an amendment intended to be proposed by him to the bill H.R.
3304, to authorize the President to award the Medal of Honor to Bennie
G. Adkins and Donald P. Sloat of the United States Army for acts of
valor during the Vietnam Conflict and to authorize the award of the
Medal of Honor to certain other veterans who were previously
recommended for award of the Medal of Honor; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS
AND LAWFUL PERMANENT RESIDENTS.
Section 4001 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) No citizen shall be imprisoned or otherwise detained
by the United States except consistent with the Constitution
and pursuant to an act of Congress that expressly authorizes
such detention.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b)(1) A general authorization to use military force, a
declaration of war, or any similar authority, on its own,
shall not be construed to authorize the detention without
charge or trial of a citizen or lawful permanent resident of
the United States apprehended in the United States.
``(2) Paragraph (1) applies to an authorization to use
military force, a declaration of war, or any similar
authority enacted before, on, or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2014.
``(3) This section shall not be construed to authorize the
detention of a citizen of the United States, a lawful
permanent resident of the United States, or any other person
who is apprehended in the United States.''.
______
SA 2580. Mr. COCHRAN submitted an amendment intended to be proposed
by him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. NATIONAL GUARD COUNTERDRUG PROGRAM.
(a) Additional Amount for Drug Interdiction and Counter-
Drug Activities, Defense-wide.--The amount authorized to be
appropriated for fiscal year 2014 by section 1404 and
available for Drug Interdiction and Counter-Drug Activities,
Defense-wide for the National Guard Counterdrug Program as
specified in the funding table in section 4501 is hereby
increased by $130,000,000, with not less than $27,400,000 to
be available for activities at the National Guard counter-
drug training centers.
(b) Use of Amounts.--
(1) Uniform allocation.--The amount available under
subsection (a) shall be allocated evenly among the National
Guard counter-drug training centers.
(2) Training of law enforcement officers.--Not less than an
amount equal to 50 percent of the amount available under
subsection (a) shall be used for training of State and local
law enforcement officers at the National Guard counter-drug
training centers, including subsistence for officers
undergoing such training.
(3) Civilian experts.--The amount available under
subsection (a) may be used for the costs of civilian experts
in the provision of training by the National Guard counter-
drug training centers.
(4) Use of exchange stores.--Any law enforcement officer
undergoing training described in paragraph (2), and any
civilian support staff and experts engaged in the provision
of such training, may use the exchange store of the counter-
drug training center concerned in the same manner as members
of the National Guard may use such exchange store.
(c) Offset.--The amount authorized to be appropriated for
fiscal year 2014 by section 301 and available for Operation
and Maintenance, Defense-wide as specified in the funding
table in section 4301 is hereby reduced by $130,000,000, with
the amount of the reduction to be applied to amounts
otherwise available for civilian employees of the Department
of Defense.
______
SA 2581. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the end add the following:
Strike section 4 and all that follows and insert the
following:
SEC. 4. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal
commuting distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 5. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2013'' and inserting ``December 31, 2014'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2013'' and inserting ``December 31, 2014'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 6. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 7. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37, CONSOLIDATED SPECIAL PAY, INCENTIVE PAY,
AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
[[Page S8855]]
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 8. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT
OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 9. ONE-YEAR EXTENSION OF AUTHORITY TO PROVIDE INCENTIVE
PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS
PURSUING FOREIGN LANGUAGE PROFICIENCY.
Section 316a(g) of title 37, United States Code is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
______
SA 2582. Mr. TOOMEY submitted an amendment intended to be proposed by
him to the bill H.R. 3304, to authorize the President to award the
Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United
States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the end, add the following:
Strike section 4 and all that follows and insert the
following:
SEC. 4. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal
commuting distance.
(8) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
SEC. 5. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December
31, 2013'' and inserting ``December 31, 2014'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December
31, 2013'' and inserting ``December 31, 2014'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 6. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS
AUTHORITIES FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 7. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37, CONSOLIDATED SPECIAL PAY, INCENTIVE PAY,
AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
SEC. 8. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT
OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease
personnel shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 9. ONE-YEAR EXTENSION OF AUTHORITY TO PROVIDE INCENTIVE
PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS
PURSUING FOREIGN LANGUAGE PROFICIENCY.
Section 316a(g) of title 37, United States Code is amended
by striking ``December 31, 2013'' and inserting ``December
31, 2014''.
SEC. 10. EXTENSION OF AUTHORITY OF SECRETARY OF
TRANSPORTATION TO ISSUE NONPREMIUM AVIATION
INSURANCE.
Section 44310 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
authority'';
(2) by striking ``this chapter'' and inserting ``any
provision of this chapter other than section 44305''; and
(3) by adding at the end the following new subsection:
``(b) Insurance of United States Government Property.--The
authority of the Secretary of Transportation to provide
insurance and reinsurance for a department, agency, or
instrumentality of the United States Government under section
44305 is not effective after December 31, 2018.''.
SEC. 11. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4392), as most recently amended by section 1218 of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1990), is further amended--
(1) in subsection (a)--
(A) by striking ``$35,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``for fiscal year 2013'' and inserting
``for fiscal year 2014''; and
(2) in subsection (e), by striking ``December 31, 2013''
and inserting ``December 31, 2014''.
SEC. 12. TECHNICAL AND STANDARDIZING AMENDMENTS TO DEPARTMENT
OF DEFENSE TRAVEL AND TRANSPORTATION
AUTHORITIES IN CONNECTION WITH REFORM OF SUCH
AUTHORITIES.
(a) Escorts of Dependents of Members.--
(1) Incorporation of escorts of dependents under general
authority.--Section 451(a)(2)(C) of title 37, United States
Code, is amended by inserting before the period the
following: ``or as an escort or attendant for dependents of a
member for necessary travel performed not later than one year
after the member is unable to accompany the dependents who
are incapable of traveling alone''.
(2) Repeal of superseded authority.--(A) Section 1036 of
title 10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 53 of
such title is amended by striking the item relating to
section 1036.
(b) Travel and Transportation of Dependent Patients.--
Section 1040 of title 10, United States Code, is amended--
[[Page S8856]]
(1) in subsection (a)(1), by striking ``round-trip
transportation'' and all that follows through ``may be paid
at the expense of the United States'' and inserting ``travel
and transportation allowances may be furnished to necessary
attendants. The dependents and any attendants shall be
furnished such travel and transportation allowances as
specified in regulations prescribed under section 464 of
title 37.''; and
(2) by striking subsection (d).
(c) Travel in Connection With Leave Cancelled Due to
Contingency Operations.--
(1) Incorporation of expenses under general authority.--
Section 453 of title 37, United States Code, is amended by
adding at the end the following new subsection:
``(g) Reimbursement for Travel in Connection With Leave
Cancelled Due to Contingency Operations.--A member may be
reimbursed as specified in regulations prescribed under
section 464 of this title for travel and related expenses
incurred by the member as a result of the cancellation of
previously approved leave when the leave is cancelled in
conjunction with the member's participation in a contingency
operation and the cancellation occurs within 48 hours of the
time the leave would have commenced. The settlement for
reimbursement under this subsection is final and
conclusive.''.
(2) Repeal of superseded authority.--(A) Section 1053a of
title 10, United States Code, is repealed.
(B) The table of sections at the beginning of chapter 53 of
such title is amended by striking the item relating to
section 1053a.
(d) Travel and Transportation for Travel for Specialty
Health Care.--Section 1074i of title 10, United States Code,
is amended--
(1) in subsection (a), by striking ``reimbursement for
reasonable travel expenses'' and inserting ``travel and
transportation allowances as specified in regulations
prescribed under section 464 of title 37''; and
(2) in subsection (b), by striking ``Reimbursement for
Travel Under Exceptional Circumstances.--The Secretary of
Defense may provide reimbursement for reasonable travel
expenses of'' and inserting ``Allowable Travel and
Transportation Under Exceptional Circumstances.--The
Secretary of Defense may provide travel and transportation
allowances as specified in the regulations referred to in
subsection (a) for''.
(e) Travel and Transportation in Connection With the
Disposition of Remains of Members.--Section 1482(a)(8) of
title 10, United States Code, is amended by striking ``and
roundtrip transportation and prescribed allowances'' and
inserting ``and travel and transportation allowances as
specified in regulations prescribed under section 464 of
title 37''.
(f) Travel and Transportation in Connection With Funeral
Honors Functions at Funerals for Veterans.--Section
1491(d)(1) of title 10, United States Code, is amended by
striking ``transportation (or reimbursement for
transportation) and expenses'' and inserting ``travel and
transportation allowances as specified in regulations
prescribed under section 464 of title 37''.
(g) Repeal of Redundant Authority on Motor Vehicle
Transportation or Storage for Members Undergoing PCS or
Extended Deployment.--
(1) Repeal.--Section 2634 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 157 of such title is amended by striking
the item relating to section 2634.
(h) Clarification of Limitation on Transportation of
Household Goods.--Section 453(c)(3) of title 37, United
States Code, is amended by striking ``(including packing,
crating, and household goods in temporary storage)'' and
inserting ``(including household goods in temporary storage,
but excluding packing and crating)''.
SEC. 13. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2014, section 1101(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1101 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1973), is further amended by striking ``through 2013'' and
inserting ``through 2014''.
SEC. 14. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE
IN RATES OF BASIC ALLOWANCE FOR HOUSING UNDER
CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
Amend the title so as to read: ``An Act to reauthorize
certain expiring provisions related to military activity, and
for other purposes.''.
______
SA 2583. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
At the end of subtitle B of title XII, add the following:
SEC. 1220. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ.
The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50
U.S.C. 1541 note) is repealed effective on the date of the
enactment of this Act or January 1, 2014, whichever occurs
later.
______
SA 2584. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. CHALLENGES TO GOVERNMENT SURVEILLANCE.
(a) Challenges to Orders to Produce Certain Business
Records.--
(1) In general.--Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended by
adding at the end the following:
``SEC. 503. CHALLENGES TO ORDERS TO PRODUCE CERTAIN BUSINESS
RECORDS.
``(a) Appeal.--
``(1) In general.--A person who is required to produce any
tangible thing pursuant to an order issued under section 501
may appeal the order to a United States court of appeals on
the basis that the order violates the Constitution of the
United States.
``(2) Venue.--An appeal filed pursuant to paragraph (1) may
be filed--
``(A) in the United States court of appeals for a circuit
embracing a judicial district in which venue would be proper
for a civil action under section 1391 of title 28, United
States Code; or
``(B) United States Court of Appeals for the District of
Columbia.
``(b) Supreme Court Review.--A person may seek a writ of
certiorari from the Supreme Court of the United States for
review of a decision of an appeal filed under subsection
(a)(1).''.
(2) Table of contents amendment.--The table of contents in
the first section of the Foreign Intelligence Surveillance
Act of 1978 is amended by adding after the item relating to
section 502 the following:
``Sec. 503. Challenges to orders to produce certain business
records.''.
(b) Challenges to Government Surveillance Targeting of
Certain Persons Outside the United States.--Section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a) is amended by adding at the end the following:
``(m) Challenges to Government Surveillance.--
``(1) Injury in fact.--In any claim in a civil action
brought in a court of the United States relating to
surveillance conducted under this section, the person
asserting the claim has suffered an injury in fact if the
person--
``(A) has a reasonable basis to believe that the person's
communications will be acquired under this section; and
``(B) has taken objectively reasonable steps to avoid
surveillance under this section.
``(2) Reasonable basis.--A person shall be presumed to have
demonstrated a reasonable basis to believe that the
communications of the person will be acquired under this
section if the profession of the person requires the person
regularly to communicate foreign intelligence information
with persons who--
``(A) are not United States persons; and
``(B) are located outside the United States.
``(3) Objective steps.--A person shall be presumed to have
taken objectively reasonable steps to avoid surveillance
under this section if the person demonstrates that the steps
were taken in reasonable response to rules of professional
conduct or analogous professional rules.
``(n) Appeals.--
``(1) In general.--A person who is subject to an order
issued under this section may appeal the order to a United
States court of appeals on the basis that the order violates
the Constitution of the United States.
``(2) Venue.--An appeal filed pursuant to paragraph (1) may
be filed--
``(A) in the United States court of appeals for a circuit
embracing a judicial district in which venue would be proper
for a civil action under section 1391 of title 28, United
States Code; or
``(B) United States Court of Appeals for the District of
Columbia.
``(3) Supreme court review.--A person may seek a writ of
certiorari from the Supreme Court of the United States for
review of a decision of an appeal filed under paragraph
(1).''.
______
SA 2585. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to
[[Page S8857]]
award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the
United States Army for acts of valor during the Vietnam Conflict and to
authorize the award of the Medal of Honor to certain other veterans who
were previously recommended for award of the Medal of Honor; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. 1082. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM.
(a) In General.--Notwithstanding section 714 of title 31,
United States Code, or any other provision of law, an audit
of the Board of Governors of the Federal Reserve System and
the Federal reserve banks under subsection (b) of such
section 714 shall be completed within 12 months of the date
of enactment of this Act.
(b) Report.--
(1) In general.--A report on the audit required under
subsection (a) shall be submitted by the Comptroller General
to the Congress before the end of the 90-day period beginning
on the date on which such audit is completed and made
available to the Speaker of the House, the majority and
minority leaders of the House of Representatives, the
majority and minority leaders of the Senate, the Chairman and
Ranking Member of the committee and each subcommittee of
jurisdiction in the House of Representatives and the Senate,
and any other Member of Congress who requests it.
(2) Contents.--The report under paragraph (1) shall include
a detailed description of the findings and conclusion of the
Comptroller General with respect to the audit that is the
subject of the report, together with such recommendations for
legislative or administrative action as the Comptroller
General may determine to be appropriate.
(c) Repeal of Certain Limitations.--Subsection (b) of
section 714 of title 31, United States Code, is amended by
striking all after ``in writing.''.
(d) Technical and Conforming Amendment.--Section 714 of
title 31, United States Code, is amended by striking
subsection (f).
SEC. 1083. AUDIT OF LOAN FILE REVIEWS REQUIRED BY ENFORCEMENT
ACTIONS.
(a) In General.--The Comptroller General of the United
States shall conduct an audit of the review of loan files of
homeowners in foreclosure in 2009 or 2010, required as part
of the enforcement actions taken by the Board of Governors of
the Federal Reserve System against supervised financial
institutions.
(b) Content of Audit.--The audit carried out pursuant to
subsection (a) shall consider, at a minimum--
(1) the guidance given by the Board of Governors of the
Federal Reserve System to independent consultants retained by
the supervised financial institutions regarding the
procedures to be followed in conducting the file reviews;
(2) the factors considered by independent consultants when
evaluating loan files;
(3) the results obtained by the independent consultants
pursuant to those reviews;
(4) the determinations made by the independent consultants
regarding the nature and extent of financial injury sustained
by each homeowner as well as the level and type of
remediation offered to each homeowner; and
(5) the specific measures taken by the independent
consultants to verify, confirm, or rebut the assertions and
representations made by supervised financial institutions
regarding the contents of loan files and the extent of
financial injury to homeowners.
(c) Report.--Not later than the end of the 6-month period
beginning on the date of the enactment of this Act, the
Comptroller General shall issue a report to the Congress
containing all findings and determinations made in carrying
out the audit required under subsection (a).
______
SA 2586. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 1082. IMPROVED ENUMERATION OF MEMBERS OF THE ARMED
FORCES IN ANY TABULATION OF TOTAL POPULATION BY
SECRETARY OF COMMERCE.
(a) In General.--Section 141 of title 13, United States
Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Effective beginning with the 2020 decennial census of
population, in taking any tabulation of total population by
States, the Secretary shall take appropriate measures to
ensure, to the maximum extent practicable, that all members
of the Armed Forces deployed abroad on the date of taking
such tabulation are--
``(1) fully and accurately counted; and
``(2) properly attributed to the State in which their
residence at their permanent duty station or homeport is
located on such date.''.
(b) Construction.--The amendments made by subsection (a)
shall not be construed to affect the residency status of any
member of the Armed Forces under any provision of law other
than title 13, United States Code.
______
SA 2587. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 1208. LIMITATION ON FOREIGN ASSISTANCE TO PAKISTAN.
No amounts may be obligated or expended to provide any
direct United States assistance to the Government of Pakistan
unless the President certifies to Congress that--
(1) Dr. Shakil Afridi has been released from prison in
Pakistan;
(2) any criminal charges brought against Dr. Afridi,
including treason, have been dropped; and
(3) if necessary to ensure his freedom, Dr. Afridi has been
allowed to leave Pakistan.
______
SA 2588. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
SECTION 1082. FOURTH AMENDMENT PRESERVATION AND PROTECTION.
(a) Short Title.--This section may be cited as the ``Fourth
Amendment Preservation and Protection Act of 2013''.
(b) Findings.--Congress finds that the right under the
Fourth Amendment to the Constitution of the United States of
the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures is
violated when the Federal Government or a State or local
government acquires information voluntarily relinquished by a
person to another party for a limited business purpose
without the express informed consent of the person to the
specific request by the Federal Government or a State or
local government or a warrant, upon probable cause, supported
by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
(c) Definition.--In this section, the term ``system of
records'' means any group of records from which information
is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular
associated with the individual.
(d) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
Federal Government and a State or local government is
prohibited from obtaining or seeking to obtain information
relating to an individual or group of individuals held by a
third-party in a system of records, and no such information
shall be admissible in a criminal prosecution in a court of
law.
(2) Exception.--The Federal Government or a State or local
government may obtain, and a court may admit, information
relating to an individual held by a third-party in a system
of records if--
(A) the individual whose name or identification information
the Federal Government or State or local government is using
to access the information provides express and informed
consent to the search; or
(B) the Federal Government or State or local government
obtains a warrant, upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
______
SA 2589. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
[[Page S8858]]
SEC. 1082. EXTENSION OF PERIOD FOR USE OF ENTITLEMENT TO
POST-9/11 EDUCATIONAL ASSISTANCE FOR
INDIVIDUALS WITH POST-TRAUMATIC STRESS DISORDER
OR TRAUMATIC BRAIN INJURY.
(a) Extended Period.--Section 3312 of title 38, United
States Code, is amended--
(1) in subsection (a), by striking ``in subsections (b) and
(c)'' and inserting ``in subsections (b), (c), and (d)''; and
(2) by adding at the end the following new subsection:
``(d) Extended Period for Individuals With Post-traumatic
Stress Disorder or Traumatic Brain Injury.--Subject to
section 3695 of this title and except as provided in
subsections (b) and (c), an individual entitled to
educational assistance under this chapter who has a service-
connected disability consisting of post-traumatic stress
disorder or traumatic brain injury is entitled to a number of
months of educational assistance under section 3313 of this
title equal to 54 months.''.
(b) Reduced Amount.--Section 3313 of such title is amended
by adding at the end the following new subsection:
``(j) Reduced Amount for Individuals With Extended Period
of Assistance.--The amount of educational assistance payable
under this section to an individual described in section
3312(d) of this title shall be 67 percent of the amount
otherwise payable to such individual under this section.''.
______
SA 2590. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the bill H.R. 3304, to authorize the President
to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of
the United States Army for acts of valor during the Vietnam Conflict
and to authorize the award of the Medal of Honor to certain other
veterans who were previously recommended for award of the Medal of
Honor; which was ordered to lie on the table; as follows:
At the end, add the following:
SECTION 1082. PURCHASE OF PRISON-MADE PRODUCTS BY FEDERAL
DEPARTMENTS.
(a) Repeal of Purchase Requirement.--Section 4124 of title
18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``shall purchase'' and inserting ``may
purchase''; and
(B) by inserting ``and services'' after ``such products'';
and
(2) in subsection (c), by striking ``subject to the
requirements of subsection (a)'' and inserting ``that
purchases such products or services of the industries
authorized by this chapter''.
(b) Technical and Conforming Amendment.--Section 8504 of
title 41, United States Code, is amended--
(1) in subsection (a), by striking ``(a) In General.--'';
and
(2) by striking subsection (b).
SEC. 1083. PROHIBITION ON AWARD OF CERTAIN CONTRACTS TO
FEDERAL PRISON INDUSTRIES, INC..
Notwithstanding any other provision of law, a Federal
agency may not award a contract to Federal Prison Industries
after competition restricted to small business concerns under
section 15 of the Small Business Act (15 U.S.C. 644) or the
program established under section 8(a) of the Small Business
Act (15 U.S.C. 637(a)).
SEC. 1084. SHARE OF INDEFINITE DELIVERY/INDEFINITE QUANTITY
CONTRACTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation to
require that if the head of an executive agency reduces the
quantity of items or services to be delivered under an
indefinite delivery/indefinite quantity contract to which
Federal Prison Industries is a party, the head of the
executive agency shall reduce Federal Prison Industries's
share of the items or services to be delivered under the
contract by the same percentage by which the total number of
items or services to be delivered under the contract from all
sources is reduced.
(b) Definitions.--In this section--
(1) the term ``executive agency'' has the meaning given the
term in section 133 of title 41, United States Code; and
(2) the term ``Federal Acquisition Regulatory Council''
means the Federal Acquisition Regulatory Council established
under section 1302(a) of title 41, United States Code.
______
SA 2591. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fourth Amendment
Preservation and Protection Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that the right under the Fourth Amendment to
the Constitution of the United States of the people to be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures is violated when the
Federal Government or a State or local government acquires
information voluntarily relinquished by a person to another
party for a limited business purpose without the express
informed consent of the person to the specific request by the
Federal Government or a State or local government or a
warrant, upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
SEC. 3. DEFINITION.
In this Act, the term ``system of records'' means any group
of records from which information is retrieved by the name of
the individual or by some identifying number, symbol, or
other identifying particular associated with the individual.
SEC. 4. PROHIBITION.
(a) In General.--Except as provided in subsection (b), the
Federal Government and a State or local government is
prohibited from obtaining or seeking to obtain information
relating to an individual or group of individuals held by a
third-party in a system of records, and no such information
shall be admissible in a criminal prosecution in a court of
law.
(b) Exception.--The Federal Government or a State or local
government may obtain, and a court may admit, information
relating to an individual held by a third-party in a system
of records if--
(1) the individual whose name or identification information
the Federal Government or State or local government is using
to access the information provides express and informed
consent to the search; or
(2) the Federal Government or State or local government
obtains a warrant, upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
______
SA 2592. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Right-to-Work
Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Rights of Employees.--Section 7 of the National Labor
Relations Act (29 U.S.C. 157) is amended by striking ``except
to'' and all that follows through ``authorized in section
8(a)(3)''.
(b) Unfair Labor Practices.--Section 8 of the National
Labor Relations Act (29 U.S.C. 158) is amended--
(1) in subsection (a)(3), by striking ``: Provided, That''
and all that follows through ``retaining membership'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``or to discriminate''
and all that follows through ``retaining membership''; and
(B) in paragraph (5), by striking ``covered by an agreement
authorized under subsection (a)(3) of this section''; and
(3) in subsection (f), by striking clause (2) and
redesignating clauses (3) and (4) as clauses (2) and (3),
respectively.
SEC. 3. AMENDMENT TO THE RAILWAY LABOR ACT.
Section 2 of the Railway Labor Act (45 U.S.C. 152) is
amended by striking paragraph Eleven.
______
SA 2593. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. DELAY IN APPLICATION OF PATIENT PROTECTION AND
AFFORDABLE CARE ACT.
(a) One-year Delay in PPACA Provisions Scheduled to Take
Effect on or After January 1, 2014.--Notwithstanding any
other provision of law, any provision of (including any
amendment made by) the Patient Protection and Affordable Care
Act (Public Law 111-148) or of title I or subtitle B of title
II of the Health Care and Education Reconciliation Act of
2011 (Public Law 111-152) that is otherwise scheduled to take
effect on or after January 1, 2014, shall not take effect
until the date that is one year after the date on which such
provision would otherwise have been scheduled to take effect.
(b) One-year Suspension of Certain Tax Increases Already in
Effect.--Notwithstanding any other provision of law, in the
case of any tax which is imposed or increased by any
provision of (including any amendment made by) the Patient
Protection and Affordable Care Act (Public Law 111-148) or of
title I or subtitle B of title II of the Health Care and
Education Reconciliation Act of 2011 (Public Law 111-152), if
such tax or increase takes effect before January 1, 2014,
such tax or increase shall not apply during the 1-year period
beginning on such date.
______
SA 2594. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and
[[Page S8859]]
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. PROHIBITION ON FOREIGN ASSISTANCE TO EGYPT.
Beginning 30 days after the date of the enactment of this
Act, no amounts may be obligated or expended to provide any
direct United States assistance to the Government of Egypt
unless the President has, prior to such effective date,
certified to Congress that--
(1) the Government of Egypt is not holding, detaining,
prosecuting, harassing, or preventing the exit from Egypt of
any person working for a nongovernmental organization
supported by the United States Government on the basis of the
person's association with or work for the nongovernmental
organization; and
(2) the Government of Egypt is not holding any property of
a nongovernmental organization described in paragraph (1) or
of a person associated with such a nongovernmental
organization.
______
SA 2595. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
Resolved, That (a) it shall not be in order for the Senate
to consider any bill, resolution, message, conference report,
amendment, treaty, motion, or any other measure or matter
which violates the 2nd Amendment to the Constitution of the
United States.
(b)(1) Any Senator may raise a point of order that any
bill, resolution, message, conference report, amendment,
treaty, or any other measure or matter is not in order under
subsection (a). No motion to table the point of order shall
be in order.
(2) Any Senator may move to waive a point of order raised
under paragraph (1) on the grounds that the bill, resolution,
message, conference report, amendment, treaty, or other
measure or matter does not violate the 2nd Amendment to the
Constitution of the United States by an affirmative yea and
nay vote of two-thirds of the Senators duly chosen and sworn.
All motions to waive under this paragraph shall be debatable
collectively for not to exceed 3 hours equally divided
between the Senator raising the point for order and the
Senator moving to waive the point of order or their
designees. A motion to waive the point of order shall not be
amendable.
(c) This resolution is enacted pursuant to the power
granted to each House of Congress to determine the Rules of
its Proceedings in clause 2 of section 5 of Article I of the
Constitution of the United States.
______
SA 2596. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fourth Amendment Restoration
Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Bill of Rights states in the 4th Amendment to the
United States Constitution that ``The right of the people to
be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or
things to be seized.''.
(2) Media reports indicate that the National Security
Agency is currently collecting the phone records of American
citizens.
(3) Media reports indicate that the National Security
Agency has secured a top secret court order in April 2013
from a court established under section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) for
the telephone records of millions of American citizens.
(4) Media reports indicate that President Barack Obama's
Administration has been collecting information about millions
of citizens within the borders of the United States and
between the United States and other countries.
(5) The collection of citizen's phone records is a
violation of the natural rights of every man and woman in the
United States, and a clear violation of the explicit language
of the highest law of the land.
SEC. 3. RULE OF CONSTRUCTION.
The Fourth Amendment to the Constitution shall not be
construed to allow any agency of the United States Government
to search the phone records of Americans without a warrant
based on probable cause.
______
SA 2597. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulations From the
Executive in Need of Scrutiny Act of 2013'' or the ``REINS
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Section 1 of article I of the United States
Constitution grants all legislative powers to Congress.
(2) Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate
oversight and retain accountability for the content of the
laws it passes.
(3) By requiring a vote in Congress, the REINS Act will
result in more carefully drafted and detailed legislation, an
improved regulatory process, and a legislative branch that is
truly accountable to the people of the United States for the
laws imposed upon them.
(b) Purpose.--The purpose of this Act is to increase
accountability for and transparency in the Federal regulatory
process.
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to
read as follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal
agency promulgating such rule shall submit to each House of
Congress and to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within sections 804(2)(A), 804(2)(B), and
804(2)(C);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available to
each House of Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any;
``(ii) the actions of the agency pursuant to sections 603,
604, 605, 607, and 609 of title 5, United States Code;
``(iii) the actions of the agency pursuant to sections
1532, 1533, 1534, and 1535 of title 2, United States Code;
and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph
(A), each House shall provide copies of the report to the
chairman and ranking member of each standing committee with
jurisdiction under the rules of the House of Representatives
or the Senate to report a bill to amend the provision of law
under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction by the end
of 15 calendar days after the submission or publication date
as provided in section 802(b)(2). The report of the
Comptroller General shall include an assessment of compliance
by the agency with procedural steps required by paragraph
(1)(B).
``(B) Federal agencies shall cooperate with the Comptroller
General by providing information relevant to the Comptroller
General's report under subparagraph (A).
``(3) A major rule relating to a report submitted under
paragraph (1) shall take effect upon enactment of a joint
resolution of approval described in section 802 or as
provided for in the rule following enactment of a joint
resolution of approval described in section 802, whichever is
later.
``(4) A nonmajor rule shall take effect as provided by
section 803 after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major
rule is not enacted within the period provided in subsection
(b)(2), then a joint resolution of approval relating to the
same rule may not be considered under this chapter in the
same Congress by either the House of Representatives or the
Senate.
``(b)(1) A major rule shall not take effect unless the
Congress enacts a joint resolution of approval described
under section 802.
``(2) If a joint resolution described in subsection (a) is
not enacted into law by the end of 70 session days or
legislative days, as applicable, beginning on the date on
which the report referred to in section 801(a)(1)(A) is
received by Congress (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall
be
[[Page S8860]]
deemed not to be approved and such rule shall not take
effect.
``(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a major rule may
take effect for one 90-calendar-day period if the President
makes a determination under paragraph (2) and submits written
notice of such determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take
effect because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802.
``(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, sections 802 and 803
shall apply, in the succeeding session of Congress, to any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
``(A) in the case of the Senate, 60 session days before the
date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding
Congress first convenes its next session; or
``(B) in the case of the House of Representatives, 60
legislative days before the date the Congress is scheduled to
adjourn a session of Congress through the date on which the
same or succeeding Congress first convenes its next session.
``(2)(A) In applying sections 802 and 803 for purposes of
such additional review, a rule described under paragraph (1)
shall be treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session day after
the succeeding session of Congress first convenes; or
``(II) in the case of the House of Representatives, the
15th legislative day after the succeeding session of Congress
first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint
resolution' means only a joint resolution addressing a report
classifying a rule as major pursuant to section
801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title: `Approving the rule
submitted by ___ relating to ___.' (The blank spaces being
appropriately filled in);
``(C) includes after its resolving clause only the
following: `That Congress approves the rule submitted by ___
relating to ___.' (The blank spaces being appropriately
filled in); and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report
classifying a rule as major pursuant to section
801(a)(1)(A)(iii), the majority leader of that House (or the
designee of the majority leader) shall introduce (by request,
if appropriate) a joint resolution described in paragraph
(1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall
not be subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall
be referred in each House of Congress to the committees
having jurisdiction over the provision of law under which the
rule is issued.
``(c) In the Senate, if the committee or committees to
which a joint resolution described in subsection (a) has been
referred have not reported it at the end of 15 session days
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the
resolution and it shall be placed on the calendar. A vote on
final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is
reported by the committee or committees to which it was
referred, or after such committee or committees have been
discharged from further consideration of the resolution.
``(d)(1) In the Senate, when the committee or committees to
which a joint resolution is referred have reported, or when a
committee or committees are discharged (under subsection (c))
from further consideration of a joint resolution described in
subsection (a), it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of
the joint resolution, and all points of order against the
joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business of the
Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 2 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion to further limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the House of Representatives, if the committee or
committees to which a joint resolution described in
subsection (a) has been referred has not reported it to the
House at the end of 15 legislative days after its
introduction, such committee or committees shall be
discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On the second and fourth Thursdays of each month it
shall be in order at any time for the Speaker to recognize a
Member who favors passage of a joint resolution that has
appeared on the calendar for not fewer than 5 legislative
days to call up the joint resolution for immediate
consideration in the House without intervention of any point
of order. When so called up, a joint resolution shall be
considered as read and shall be debatable for 1 hour equally
divided and controlled by the proponent and an opponent, and
the previous question shall be considered as ordered to its
passage without intervening motion. It shall not be in order
to reconsider the vote on passage. If a vote on final passage
of the joint resolution has not been taken by the third
Thursday on which the Speaker may recognize a Member under
this subsection, such vote shall be taken on that day.
``(f)(1) For purposes of this subsection, the term
`identical joint resolution' means a joint resolution of the
first House that proposes to approve the same major rule as a
joint resolution of the second House.
``(2) If the second House receives from the first House a
joint resolution, the Chair shall determine whether the joint
resolution is an identical joint resolution.
``(3) If the second House receives an identical joint
resolution--
``(A) the identical joint resolution shall not be referred
to a committee; and
``(B) the procedure in the second House shall be the same
as if no joint resolution had been received from the first
house, except that the vote on final passage shall be on the
identical joint resolution.
``(4) This subsection shall not apply to the House of
Representatives if the joint resolution received from the
Senate is a revenue measure.
``(g) If either House has not taken a vote on final passage
of the joint resolution by the last day of the period
described in section 801(b)(2), then such vote shall be taken
on that day.
``(h) This section and section 803 are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed to be part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a joint resolution
described in subsection (a) and superseding other rules only
where explicitly so; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.
``Sec. 803. Congressional disapproval procedure for nonmajor
rules
``(a) For purposes of this section, the term `joint
resolution' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending 60
days thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
`That Congress disapproves the nonmajor rule submitted by the
___ relating to ___, and such rule shall have no force or
effect.' (The blank spaces being appropriately filled in).
``(b)(1) A joint resolution described in subsection (a)
shall be referred to the committees in each House of Congress
with jurisdiction.
``(2) For purposes of this section, the term `submission or
publication date' means the later of the date on which--
[[Page S8861]]
``(A) the Congress receives the report submitted under
section 801(a)(1); or
``(B) the nonmajor rule is published in the Federal
Register, if so published.
``(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 15 session days after the date of
introduction of the joint resolution, such committee may be
discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members
of the Senate, and such joint resolution shall be placed on
the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is
discharged (under subsection (c)) from further consideration
of a joint resolution described in subsection (a), it is at
any time thereafter in order (even though a previous motion
to the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution, and all
points of order against the joint resolution (and against
consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of the joint
resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion to further limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress
first convenes.
``(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same as if
no joint resolution had been received from the other House;
but
``(B) the vote on final passage shall be on the joint
resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter--
``(1) the term `Federal agency' means any agency as that
term is defined in section 551(1);
``(2) the term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is likely to
result in--
``(A) an annual effect on the economy of $100,000,000 or
more;
``(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets;
``(3) the term `nonmajor rule' means any rule that is not a
major rule; and
``(4) the term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability, including a
rule that approves or prescribes for the future rates, wages,
prices, services, or allowances therefore, corporate or
financial structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices or disclosures
bearing on any of the foregoing;
``(B) any rule relating to agency management or personnel;
or
``(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under
this chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine
whether a Federal agency has completed the necessary
requirements under this chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under
section 802 shall not--
``(1) be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a
rule;
``(2) extinguish or affect any claim, whether substantive
or procedural, against any alleged defect in a rule; and
``(3) form part of the record before the court in any
judicial proceeding concerning a rule except for purposes of
determining whether or not the rule is in effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of
Governors of the Federal Reserve System or the Federal Open
Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that
notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines.''.
SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF
TITLE 5, UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended
by adding at the end the following:
``(E) Any rules subject to the congressional approval
procedure set forth in section 802 of chapter 8 of title 5,
United States Code, affecting budget authority, outlays, or
receipts shall be assumed to be effective unless it is not
approved in accordance with such section.''.
______
SA 2598. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SECTION 1. PERMANENT SUSPENSION OF PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following
provisions of the Agricultural Adjustment Act of 1938 shall
not be applicable to covered commodities (as defined in
section 1001 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8702)), peanuts, and sugar and shall not be
applicable to milk:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--The following provisions of
the Agricultural Act of 1949 shall not be applicable to
covered commodities (as defined in section 1001 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8702)),
peanuts, and sugar and shall not be applicable to milk:
(1) Section 101 (7 U.S.C. 1441).
(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).
(9) Title III (7 U.S.C. 1447 et seq.).
(10) Title IV (7 U.S.C. 1421 et seq.), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(11) Title V (7 U.S.C. 1461 et seq.).
(12) Title VI (7 U.S.C. 1471 et seq.).
(c) Suspension of Certain Quota Provisions.--The joint
resolution entitled ``A joint resolution relating to corn and
wheat marketing quotas under the Agricultural Adjustment Act
of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330
and 1340), shall not be applicable to crops of wheat.
______
SA 2599. Mr. LEE (for Mr. Paul) submitted an amendment intended to be
proposed by Mr. Lee to the joint resolution H.J. Res. 59, making
continuing appropriations for fiscal year 2014, and for other purposes;
which was ordered to lie on the table; as follows:
At the end, add the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Freedom from
Unwarranted Surveillance Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``drone'' has the meaning given the term
``unmanned aircraft'' in section 331 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note); and
[[Page S8862]]
(2) the term ``law enforcement party'' means a person or
entity authorized by law, or funded by the Government of the
United States, to investigate or prosecute offenses against
the United States.
SEC. 3. PROHIBITED USE OF DRONES.
Except as provided in section 4, a person or entity acting
under the authority, or funded in whole or in part by, the
Government of the United States shall not use a drone to
gather evidence or other information pertaining to criminal
conduct or conduct in violation of a statute or regulation
except to the extent authorized in a warrant that satisfies
the requirements of the Fourth Amendment to the Constitution
of the United States.
SEC. 4. EXCEPTIONS.
This Act does not prohibit any of the following:
(1) Patrol of borders.--The use of a drone to patrol
national borders to prevent or deter illegal entry of any
persons or illegal substances.
(2) Exigent circumstances.--The use of a drone by a law
enforcement party when exigent circumstances exist. For the
purposes of this paragraph, exigent circumstances exist when
the law enforcement party possesses reasonable suspicion that
under particular circumstances, swift action to prevent
imminent danger to the life of an individual is necessary.
(3) High risk.--The use of a drone to counter a high risk
of a terrorist attack by a specific individual or
organization, when the Secretary of Homeland Security
determines credible intelligence indicates there is such a
risk.
SEC. 5. REMEDIES FOR VIOLATION.
Any aggrieved party may in a civil action obtain all
appropriate relief to prevent or remedy a violation of this
Act.
SEC. 6. PROHIBITION ON USE OF EVIDENCE.
No evidence obtained or collected in violation of this Act
may be admissible as evidence in a criminal prosecution in
any court of law in the United States.
____________________